Clare Alison Laird (as executor and trustee of the estate of Robert John Simcock) v Catherine Anne Lowder Simcock (as executor, trustee and beneficiary of the estate of Robert John Simcock) & Ors.

Clare Alison Laird (as executor and trustee of the estate of Robert John Simcock) v Catherine Anne Lowder Simcock (as executor, trustee and beneficiary of the estate of Robert John Simcock) & Ors.

The claimant’s carelessness in executing the Deed without knowledge of the Will, estate, or intended effect, and her subsequent conduct, justified depriving her of indemnity from the estate and ordering her to pay the defendants’ costs. The need for the claim arose from her and her solicitor’s failures, not from an unavoidable issue requiring court determination.

Parties
Claimant: Clare Alison Laird; First Defendant: Catherine Anne Lowder Simcock; Second Defendant: Charlotte Rebecca Simcock; Third Defendant: Elizabeth June Simcock; Fourth Defendant: Gemma Louise Simcock
Jurisdiction
England and Wales
Judgment Date
04 October 2022
Procedural Posture
Probate/trusts / Costs Determination Following Dismissal of Rectification Claim
Outcome
Claimant deprived of indemnity; claimant ordered to pay defendants’ costs; scope of recoverable costs limited to those of and incidental to the claim.
Legal Topics
Trustee Indemnity for Costs, Rectification of Deeds, Costs Orders in Estate Litigation
Trusts and Estates Probate Trustee Indemnity for Costs Rectification of Deeds Costs Orders in Estate Litigation

Case Brief

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Parties

Clare Alison Laird

Claimant

Catherine Anne Lowder Simcock

First Defendant

Charlotte Rebecca Simcock

Second Defendant

Elizabeth June Simcock

Third Defendant

Gemma Louise Simcock

Fourth Defendant

Procedural Posture

Probate/trusts / Costs Determination Following Dismissal of Rectification Claim

Legal Issues

  1. 1 Whether the claimant trustee is entitled to indemnity from the estate for her costs
  2. 2 Whether the claimant should pay the defendants’ costs
  3. 3 Scope of costs recoverable in trust/estate litigation

Ratio Decidendi

The claimant’s carelessness in executing the Deed without knowledge of the Will, estate, or intended effect, and her subsequent conduct, justified depriving her of indemnity from the estate and ordering her to pay the defendants’ costs. The need for the claim arose from her and her solicitor’s failures, not from an unavoidable issue requiring court determination.

Court Disposition

Claimant deprived of indemnity; claimant ordered to pay defendants’ costs; scope of recoverable costs limited to those of and incidental to the claim.

Orders

  • Claimant to pay defendants’ costs of the claim; claimant not entitled to indemnity from the estate for her own costs or any costs paid to the defendants; recoverable costs do not include costs of preparation and execution of the Deed or costs relating to breakdown of family relationships.